- (1.) In this writ application, the petitioner has prayed for quashing the Office Order as contained in Memo No. 41 dated 05.03.2010 by which the approval of appointment of the petitioner as Para Teacher in Upgraded Middle School, Sitesh Nagar in the district of Pakur has been cancelled and the name of the respondent no. 7 has been approved. A further prayer has been made to direct the respondents to pay honorarium to the petitioner from March 2010 onwards as also to allow the petitioner to continue on the post of Para Teacher in the Upgraded Middle School, Sitesh Nagar in the district of Pakur.
(2.) A notice was published dated 19.05.2009 by the District Program Officer, Sarva Shiksha Abhiyan, Pakur for appointment on the post of Para Teacher. The petitioner submitted his application for appointment as Para Teacher in Upgraded Middle School, Sitesh Nagar in the district of Pakur. Along with the petitioner, 15 other persons have applied out of which 4 persons were found eligible for being selected which consisted of 3 male and the petitioner was the only female candidate. The Village Education Committee had sent the entire proceeding to the Block Education Committee for taking a final decision with respect to appointment on the 2nd post of Para Teacher and it was decided to appoint the petitioner and consequently appointment letter was issued to the petitioner in terms of letter no. 100 dated 28.05.2009. The petitioner submitted her joining on 01.07.2009 which was accepted by the Village Education Committee. However, by an office order as contained in Memo No. 41 dated 05.03.2010 the approval of appointment of the petitioner was cancelled and the name of the respondent no. 7 was approved. This office order dated 05.03.2010 issued by the Coordinator, Block Education Committee, Pakur was challenged by the petitioner in W.P.(S) No. 61 of 2011 in which an order was passed on 04.07.2011 by which the impugned order dated 05.03.2010 was quashed and the writ application was allowed. The respondent no. 7 challenged the order dated 04.07.2011 passed in this case in L.P.A. No. 340 of 2011 and vide order dated 10.07.2012, the matter has been remanded to the Single Bench since the order dated 04.07.2011 was passed without hearing the appellant (respondent no. 7) and hence on remand, the present writ application has been heard afresh.
(3.) Heard Mr. Manoj Tandon, learned counsel for the petitioner, Mr. Rajeeva Sharma, learned senior counsel for the respondent no. 7 and Mr. Arup Kumar Dey, learned J.C. to G.P. I.;